Bill Text: IL HB5546 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that, beginning January 1, 2025, all parties submitting alleged violations to the Illinois Commerce Commission shall use the forms provided and shall submit the alleged violations no later than 65 days after the discovery of the alleged violation. Provides that, beginning July 1, 2025, the Illinois Commerce Commission shall provide for public review a monthly report listing all of the submitted alleged violations reports it received in the prior month. Makes changes in provisions concerning watch and protect; planning design requests; joint meet notifications; emergency excavation or demolition; records of notice and marking of facilities; and penalties and liability. Defines terms. Effective January 1, 2025.

Spectrum: Slight Partisan Bill (Democrat 29-14)

Status: (Passed) 2024-07-01 - Effective Date January 1, 2025 [HB5546 Detail]

Download: Illinois-2023-HB5546-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5546 Introduced , by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Underground Utility Facilities Damage Prevention Act. Removes references to the State-Wide One-Call Notice System and replaces it with JULIE, Inc. Sets forth additional definitions. Provides that owners or operators of underground utility facilities are required to be members of JULIE. Sets forth requirements for excavators engaging in nonemergency excavation or demolition. Sets forth notice requirements prior to engaging in the excavation or demolition. Provides that underground utility facility owners or operators may request to be present when excavation occurs when there is a critical facility within a proposed excavation area and excavators shall comply with a request to be present during excavation. Creates the positive response system to be implemented by January 1, 2026. Provides that excavators and facility owners or operators shall use the positive response system to send and respond to required notices. Sets forth required response times in various circumstances. Provides that facility owners or operators shall respond to a valid planning design request and the requirements for the response. Provides for joint meet notifications and sets forth responsibilities of excavators and facility owners or operators for a joint meet. Provides that any county or the State that has shared geographic information system data with any other not-for-profit or agency shall share the information with JULIE. Sets forth requirements for emergency excavation or demolition circumstances. Sets forth liability for damage or dislocation of a facility. Makes other changes. Makes conforming changes. Effective immediately.
LRB103 38732 CES 68869 b
A BILL FOR
HB5546 LRB103 38732 CES 68869 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Underground Utility Facilities
Damage Prevention Act is amended by changing Sections 1, 2, 3,
4, 6, 7, 8, 9, 10, 11, 11.3, 11.5, 12, 13, and 14 and by adding
Sections 4.1, 5.1, 5.2, 5.3, 5.4, and 7.5 as follows:
(220 ILCS 50/1) (from Ch. 111 2/3, par. 1601)
Sec. 1. This Act shall be known, and may be cited, as the
Illinois Underground Utility Facilities Damage Prevention Act,
and for the purposes of participating in the State of Illinois
Joint Purchasing Program, the State-Wide One-Call Notice
System, commonly referred to as "JULIE, Inc.", shall be
considered as created by this Act.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/2) (from Ch. 111 2/3, par. 1602)
Sec. 2. Definitions. As used in this Act, unless the
context clearly otherwise requires, the terms specified in
this Section Sections 2.1 through 2.11 have the meanings
ascribed to them in this Section in those Sections.
"Approximate location" means the location of the marked
facility that lies entirely within the tolerance zone.

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"Damage" means the contact or dislocation of a facility
during excavation or demolition that necessitates immediate or
subsequent repair by the underground utility facility owner or
operator due to any partial or complete destruction of the
facility, including, but not limited to, the protective
coating, tracer wire, lateral support, cathodic protection, or
housing for the line or device of the facility.
"Damage notification" means a notification through JULIE
to the underground utility facility owner or operator that
damage to a facility has occurred in the area of the excavation
or demolition.
"Day" or "days" means any day, beginning at 12:00 a.m. and
ending at 11:59 p.m., excluding holidays recognized by JULIE,
Saturdays, Sundays and the day of the actual notice.
"Demolition" means the wrecking, razing, rending, moving,
or removing of a structure by means of any power tool, power
equipment (exclusive of transportation equipment), or
explosives.
"Emergency request" means a request involving a condition
that constitutes an imminent danger to life, health, or
property, or a utility service outage, and that requires
repair or action before the expiration of 2 days.
"Excavation" means:
(1) any operation in which earth, rock, or other
material in or on the ground is moved, removed, or
otherwise displaced by means of any tools, power equipment

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or explosives, and includes, without limitation, grading,
trenching, digging, ditching, drilling, augering, boring,
tunneling, scraping, cable or pipe plowing, saw cutting or
roadway surface milling when penetrating into the base or
subbase of a paved surface, and driving, but does not
include:
(A) farm tillage operations;
(B) railroad right-of-way maintenance;
(C) coal mining operations regulated under the
federal Surface Mining Control and Reclamation Act of
1977 or any State law or rules or regulations adopted
under the federal statute;
(D) land surveying operations as defined in the
Illinois Professional Land Surveyor Act of 1989 when
not using power equipment;
(E) roadway surface milling;
(F) manually inserting, without the use of power
equipment, a temporary round-tipped ground or probe
rod as part of facility locating;
(G) manually inserting, without the use of power
equipment, a temporary round-tipped probe rod for bar
holing to determine the area of a potential leak from a
facility transporting hazardous gases or liquids; or
(H) manually inserting, without the use of power
equipment, a round-tipped ground rod for the purpose
of grounding utility equipment when an emergency

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exists and no other ground source is available.
(2) An exclusion to this Section in no way prohibits a
request from being made for the marking of facilities.
(3) Any exception to excavation contained within this
Section is not intended to remove liability that may be
imposed against an individual or entity because of damage
caused to a facility.
"Excavator" means any person or legal entity, public or
private, that engages in excavation or demolition work.
"Exposed notification" means a notification through JULIE
to the underground utility facility owner or operator that an
unmarked facility has been exposed in the area of the
excavation or demolition but has not been damaged.
"Extension" means a request made by an excavator, to
extend the expiration date of a normal notice to allow
additional time to continue or complete the excavation or
demolition project.
(1) An extension request may be made no earlier than
the 20th day from the initial normal notice request or
latest extension request.
(2) An extension request will extend, by 25 days, the
expiration of the initial normal notice request or latest
extension request.
(3) An extension request may not be made simply to
keep a prior notice open without continued excavation
occurring within the period of that subsequent notice.

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"Geographic information system data" means data to be
applied to JULIE software to facilitate a more clearly defined
notification area for notices sent to the system underground
utility facility owners or operators. "Geographic information
system data" includes, but is not limited to:
(1) address points with site addresses;
(2) parcels with site addresses;
(3) road center lines with names and address range;
(4) city limits with names;
(5) political townships with names;
(6) railroads with names;
(7) streams with names; and
(8) water bodies with names.
"Incomplete request" means a notice initiated by an
excavator through JULIE to the underground utility facility
owners or operators notified in a prior request that such
underground utility facility owners or operators, as
identified by the excavator and confirmed, through the
positive response system once implemented, in accordance with
subsection (a) of Section 5.1, did not completely mark the
entire extent or the entire segment of the proposed
excavation, as identified on the prior notice or as previously
documented and mutually agreed upon.
"Joint meet request" means a notice of a meeting held
prior to the excavation phase to discuss projects that cannot
be adequately communicated within a normal notice request. The

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meeting is intended to allow the exchange of maps, plans, or
schedules. It is not a locating session and shall be held at or
near the excavation site, or through electronic means, if
available and agreed to by all parties. Joint meet requests
are not to be used in lieu of valid normal notice requests and
are required for, but not limited to, large projects.
"JULIE Excavation Safety Resource" means the materials
periodically updated and published by JULIE that provide
information for excavators and underground utility facility
owners or operators on the use and services of JULIE, Inc.
"Large project" means a single excavation that exceeds the
expiration date of a normal notice request, or involves a
series of repetitive, related-scope excavations.
"Locatable service laterals" applies to underground
facilities installed after December 31, 2025. Any excavator or
legal entity, public or private, who, after December 31, 2025,
installs a nonconductive service lateral shall ensure the
installation is locatable by electromagnetic means or other
equally effective means for marking the location of the
service lateral. The requirement shall not apply to minor
repairs to, or partial replacements of, service laterals
installed prior to December 31, 2025.
"Normal notice request" means a notification made by an
excavator, through JULIE, in advance of a planned excavation
or demolition.
(1) The notification shall be made at least 2 days,

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but no more than 10 days, before beginning the planned
excavation or demolition.
(2) Excavation or demolition on a normal notice
request is valid for 25 days from the date of the initial
request unless a subsequent extension request is made.
(3) Normal notice requests shall be limited to one
quarter of a contiguous mile within a municipality and one
contiguous mile within any unincorporated area, which
includes townships.
(4) Normal notice requests are valid for a single
right-of-way with an exception for intersecting
rights-of-way of 250 feet in all directions. Any
excavation continuing beyond 250 feet on a connecting
right-of-way shall require an additional request.
"No show request" means a notice initiated by an excavator
through JULIE to the underground utility facility owners or
operators notified in the prior notice that such underground
utility facility owners or operators, as identified by the
excavator and confirmed, once implemented, in accordance with
subsection (a) of Section 5.1, either failed to mark their
facilities or to communicate their non-involvement with the
excavation prior to the dig start date and time on the notice.
"Notice" means any record transmitted to an underground
utility facility owner or operator of JULIE which shall
include, but not be limited to, cancel, damage, emergency,
exposed, extension, incomplete, joint meet, no show, normal,

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planning design, or re-mark.
"One-Call Notice System" means the communication system
known as "JULIE, Inc." or "JULIE", utilized by excavators,
designers, or any other entities covered by this Act to notify
underground utility facility owners or operators of their
intent to perform excavation or demolition or similar work as
defined by this Act and shall include all underground utility
facilities owned or operated outside the city limits of the
City of Chicago.
"Open cut utility locate" means a method of locating
facilities that requires excavation by the underground utility
facility owner or operator, or their contractor or
subcontractor.
"Place" means any political subdivision, incorporated or
unincorporated, listed within the JULIE database.
"Planning design request" means the process prior to the
excavation phase of a project where information is gathered
and decisions are made regarding the route or location of a
proposed excavation. The use of the information that is
obtainable pursuant to this Section is intended to minimize
delays of future construction projects and not for imminent
excavation. The underground utility facility owner or operator
may indicate any portion of the information that is
proprietary and require the planner or designer to protect the
proprietary information.
"Positive response system" means an automated system

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facilitated by JULIE allowing underground utility facility
owners or operators to communicate to an excavator the
presence, absence, or response status of any conflict between
the existing facilities in or near the area of excavation or
demolition on each notice received.
"Pre-mark" means the use of white paint, chalk, lathe,
whiskers, flags, or electronic white lining using lines or
polygons to delineate the work area at the site of the proposed
excavation or demolition. Unless otherwise stated on the
request, all pre-marks are considered a request for a 5-foot
radius of an above ground fixed structure or single point
pre-mark, or a 10-foot-wide path for linear work.
(1) Physical pre-marking for the area of the planned
excavation or demolition shall be accomplished prior to
notifying JULIE.
(2) Electronic white lining may be used when
available. Electronic white lining provides an alternative
method where an excavator may indicate their defined dig
area visually by electronic data entry (lines or polygons)
without the need for a physical site visit. The technology
allows the excavator to identify for the underground
utility facility owner or operator a clear delineation of
their proposed excavation area.
(3) A verbal pre-mark is adequate when the scope
requested to be marked is narrow and explicit enough to
prevent marking beyond the actual area of excavation or

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demolition. An existing above ground fixed structure may
be referenced as a verbal pre-mark.
"Project owner" means the person or legal entity, public
or private, that is financially responsible for the
undertaking of a project that involves excavation or
demolition.
"Reasonable Control Measurement" shall be used to
determine notice volumes or dig site notification areas that
exceed historic averages by more than 15% for a particular
place. Historic averages shall be determined by comparing
notice volumes or dig site notification areas over the
immediate past 7 days to the same 7-day period for the past 5
years. A 5-year trimmed mean, removing the highest and lowest
years, and averaging the remaining 3 years, shall be the final
determinate of this measurement. The official measurement of
the notice volumes or dig site notification areas shall be
provided by JULIE. If an underground utility facility owner or
operator, their contractor, or subcontractor, provides a
minimum of 90 days advance notice of a large project, through
JULIE, and fully complies with the joint meet process as
required in Section 5.3, shall have no additional days
required prior to the start of excavation because of
fluctuations in notice volume.
"Re-mark request" means a notice initiated by an excavator
through JULIE to the underground utility facility owners or
operators notified in the previous notice requesting

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underground utility facility owners or operators to re-mark
all or part of the work area identified in the previous notice
because facility markings are becoming or have become
indistinguishable due to factors, including, but not limited
to, weather, fading, construction activity, or vandalism. Only
the affected areas where excavation or demolition is to
continue shall be requested to be re-marked.
"Residential property owner" means any individual or
entity that owns or leases real property that is used by the
individual or entity as its residence or dwelling. Residential
property owner does not include any persons who own or lease
residential property for the purpose of holding or developing
such property or for any other business or commercial
purposes.
"Roadway surface milling" means the removal of a uniform
pavement section by rotomilling, grinding, saw cutting, or
other means that does not penetrate into the roadway base or
subbase.
"Service lateral" means underground facilities located in
a public right-of-way or utility easement that connects an end
user's building or property to an underground utility facility
owner's or operator's facility.
"Submerged" means any facility installed below the surface
of a lake, river, or navigable waterway.
"Tolerance zone" means:
(1) if the diameter of the underground utility

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facility is indicated, the distance of one-half of the
known diameter plus one and one-half feet on either side
of the designated center line of the underground utility
facility marking;
(2) if the diameter of the underground utility
facility is not indicated, one and one-half feet on either
side of the outside edge of the underground utility
facility marking; or
(3) if submerged, a distance of 30 feet on either side
of the indicated facility.
The underground utility facility markings provided
shall not indicate that the width of the marked
underground utility facility is any greater than the
actual width of the underground utility facility or 2
inches, whichever is greater. The tolerance zone shall
also apply to visible utility structures, including, but
not limited to, poles with overhead to underground
transitions, pedestals, transformers, meters, hydrants,
and valve boxes. There shall be a one and one-half foot
tolerance zone horizontally around such facilities.
"Underground utility facility" or "facility" means and
includes wires, ducts, fiber optic cable, conduits, pipes,
sewers, and cables and their connected appurtenances installed
or existing beneath the surface of the ground or submerged and
either owned, operated, or controlled by:
(1) a public utility as defined in the Public

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Utilities Act;
(2) a municipally owned or mutually owned utility
providing a similar utility service;
(3) a pipeline entity transporting gases, crude oil,
petroleum products, or other hydrocarbon materials within
the State;
(4) a telecommunications carrier as defined in the
Universal Telephone Service Protection Law of 1985, or by
a company described in Section 1 of the Telephone Company
Act;
(5) a community antenna television system, as defined
in the Illinois Municipal Code or the Counties Code;
(6) a holder or broadband service, as those terms are
defined in the Cable and Video Competition Law of 2007;
(7) any other entity owning or operating underground
facilities that transport or generate electrical power to
other utility owners or operators;
(8) an electric cooperative as defined in the Public
Utilities Act; and
(9) any other active underground utility facility
owner or operator of JULIE.
(Source: P.A. 94-623, eff. 8-18-05.)
(220 ILCS 50/3) (from Ch. 111 2/3, par. 1603)
Sec. 3. JULIE Membership. The owners or operators of
underground utility facilities are required to be members of

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JULIE. JULIE shall require that all facility information
needed to operate JULIE within each underground utility
facility owner's or operator's domain be identified and
provided by the underground utility facility owner or operator
to JULIE or CATS facilities that are not currently
participants in the State-Wide One-Call Notice System shall,
within 6 months of the effective date of this Act, join the
State-Wide One-Call Notice System. This Section shall not
apply to utilities operating facilities or CATS facilities
exclusively within the boundaries of a municipality with a
population of at least one million persons.
(Source: P.A. 86-674.)
(220 ILCS 50/4) (from Ch. 111 2/3, par. 1604)
Sec. 4. Required activities. Every excavator person who
engages in nonemergency excavation or demolition shall:
(a) take reasonable action to inform the excavator
himself of the location of any underground utility
facilities in and near the area for which such operation
is to be conducted;
(b) plan the excavation or demolition to avoid or
minimize interference with underground utility facilities
within the tolerance zone by utilizing such precautions
that include, but are not limited to, hand or excavation,
vacuum excavation methods to the depth of the proposed
excavation or demolition, and visually inspecting the

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excavation while in progress until clear of the
approximate location of the existing marked facility;
(c) pre-mark the area of excavation if practical, use
white paint, flags, stakes, or both, to outline the dig
site;
(d) provide notice not less than 2 days 48 hours but no
more than 10 14 calendar days in advance of the start of
the excavation or demolition to the owners or operators of
the underground utility facilities at or in and near the
excavation or demolition area through JULIE the State-Wide
One-Call Notice System or, in the case of nonemergency
excavation or demolition within the boundaries of a
municipality of at least one million persons which
operates its own one-call notice system, through the
one-call notice system which operates in that
municipality.
At a minimum, the notice required under this
subsection (d) shall provide:
(1) the excavator's person's name, address, phone
number at which the excavator a person can be reached,
and fax number, if available, a fax number and email
address;
(2) the start date and time of the planned
excavation or demolition;
(3) the county and place or places all counties,
cities, or townships, or any combination thereof,

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where the proposed excavation shall take place;
(4) the address or location at which the
excavation or demolition shall take place;
(5) the type of work, and extent, and description
of the area where the excavation or demolition is to
occur of the work involved; and
(6) the section or quarter sections when the
information in items (1) through (5) of this
subsection (d) does not allow JULIE the State-Wide
One-Call Notice System to determine the appropriate
excavation or demolition site. This item (6) does not
apply to residential property owners;
(7) an indication of whether directional boring or
horizontal directional drilling will be used;
(8) an indication of whether the excavation will
exceed 7 feet in depth;
(9) an indication of how the proposed excavation
or demolition has been pre-marked;
(10) the identity of the project owner; and
(11) the latitude and longitude of the relevant
area, if available;
The information specified in items (1) through
(10) is still required when providing latitude and
longitude;
(e) provide, during and following excavation or
demolition, such support for existing underground utility

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facilities in and near the excavation or demolition area
as may be reasonably necessary for the protection of such
facilities and known service laterals unless otherwise
agreed to by the owner or operator of the underground
facility or owners of any known service laterals;
(f) backfill all excavations in such manner and with
such materials as may be reasonably necessary for the
protection of existing underground utility facilities in
and near the excavation or demolition area;
(g) after February 29, 2004, when the excavation or
demolition project will extend past 28 calendar days from
the 25-day expiration date of the original notice provided
under clause (d) or a subsequent extension notice, if
marks are requested, the excavator shall pre-mark prior to
requesting any subsequent extension notice , the excavator
shall provide a subsequent notice to the owners or
operators of the underground utility facilities in and
near the excavation or demolition area through the
State-Wide One-Call Notice System or, in the case of
excavation or demolition within the boundaries of a
municipality having a population of at least 1,000,000
inhabitants that operates its own one-call notice system,
through the one-call notice system that operates in that
municipality informing utility owners and operators that
additional time to complete the excavation or demolition
project will be required. The notice will provide the

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excavator with an additional 28 calendar days from the
date of the subsequent notification to continue or
complete the excavation or demolition project;
(h) exercise due care at all times to protect
underground utility facilities and known service laterals.
If, after proper notification through JULIE the State-Wide
One-Call Notice System and upon arrival at the site of the
proposed excavation, the excavator observes clear evidence
of the presence of an unmarked or incompletely marked
facility utility in the area of the proposed excavation,
the excavator shall provide subsequent notice through
JULIE of the unmarked or incompletely marked area and
shall not begin excavating until all affected facilities
have been marked or 2 hours, whichever is shorter, unless
a greater time is indicated on the subsequent notice after
an additional call is made to the State-Wide One-Call
Notice System for the area. The owner or operator of the
underground utility facility shall respond within 2 hours
unless a greater time is indicated on the notice provided
through JULIE of the excavator's call to the State-Wide
One-Call Notice System; and
(i) when factors, including, but not limited to,
weather, construction activity, or vandalism, at the
excavation site have caused the facility utility markings
to become faded or indistinguishable, the excavator shall
pre-mark again and provide a re-mark request an additional

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notice through JULIE the State-Wide One-Call Notice System
requesting that only the affected areas where excavation
or demolition is to continue be re-marked. Underground
utility facility Facility owners or operators must respond
to the notice to re-mark by the dig start date and time on
the notice according to the requirements of Section 10 of
this Act.
(j) for informational and planning purposes only, prior
notice of large projects may be provided to underground
utility facility owners or operators through JULIE greater
than 10 days in advance of the large project commencing.
Nothing in this Section prohibits the use of any method of
excavation if conducted in a manner that would avoid
interference with underground utility facilities.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/4.1 new)
Sec. 4.1. Watch and protect.
(a) If, upon notice from JULIE, an underground utility
facility owner or operator determines that there is a critical
facility within the proposed excavation area and the
underground utility facility owner or operator desires to have
an authorized representative present during excavation near
the critical facility, the underground utility facility owner
or operator shall contact the excavator prior to the dig start
date and time provided on the notice to schedule a date and

HB5546 - 20 - LRB103 38732 CES 68869 b
time for the underground utility facility owner or operator to
be present when excavation will occur near the critical
facility.
(b) All excavators shall comply with the underground
utility facility owner's or operator's request to be present
during excavation near critical facilities. In lieu of having
an authorized representative present, the underground utility
facility owner or operator may choose to perform an open cut
utility locate of the critical facility to expose its
location. However, it is incumbent on the underground utility
facility owner or operator to comply with the excavator's
schedule for when excavation will occur near the critical
facility.
(c) During the course of a project, if excavation near
critical facilities stops by more than one day and then
recommences, the excavator shall establish direct contact with
the underground utility facility owner or operator not less
than one day prior to the excavation, each time the excavation
is to occur, to advise the underground utility facility owner
or operator of the excavation taking place.
(d) Nothing in this Section shall prohibit an excavator
from excavating prudently and carefully near a critical
facility without the underground utility facility owner or
operator present if the underground utility facility owner or
operator waives the request to be present or to complete an
open cut utility locate exposing the critical facility or is

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unable to comply with the excavator's schedule.
(220 ILCS 50/5.1 new)
Sec. 5.1. Positive response system.
(a) Beginning January 1, 2026, an excavator shall confirm
through the positive response system prior to excavation or
demolition that all underground utility facility owners or
operators that are identified on the notice have provided a
status update, responded, or marked or provided an all-clear
notification.
(b) Beginning January 1, 2026, an underground utility
facility owner or operator shall respond through the positive
response system prior to the dig start date and time on the
notice with an appropriate system code. A minimal delay not to
exceed one hour in reporting a system code in response to an
emergency request shall not be a violation of this Section.
(c) If an underground utility facility owner or operator
fails to respond or provide a status update through the
positive response system by the dig start date and time on the
notice, or a later time as otherwise agreed upon and submitted
through the positive response system, JULIE shall transmit an
additional notification to that underground utility facility
owner or operator and shall continue to send out daily
notifications until the positive response system receives a
response confirming compliance with this Section.
(d) If an underground utility facility owner or operator

HB5546 - 22 - LRB103 38732 CES 68869 b
fails to respond or provide a status update to the positive
response system, the excavator may proceed after providing a
no show or incomplete request through JULIE. The notified
underground utility facility owners or operators shall respond
by the dig start date and time on the notice.
(e) If all notified underground utility facility owners or
operators have responded as "marked" or "clear" prior to the
expiration of the dig start date and time on the notice, the
wait time shall be considered expired and no additional wait
time is required prior to commencing with the excavation or
demolition work listed on the notice.
(220 ILCS 50/5.2 new)
Sec. 5.2. Planning design request.
(a) An underground utility facility owner or operator
shall have the following responsibilities:
(1) respond to a valid planning design request within
10 days after receiving the request or by such other date
as shall be mutually agreed upon between the underground
utility facility owner or operator and the designer or
planner. The underground utility facility owner or
operator shall provide information regarding the location,
size, if greater than 1.5 inches in diameter, which shall
be generically listed as communication, electric, gas,
water, sewer, streetlight, or traffic control and if
direct buried or in conduit or a duct package, of

HB5546 - 23 - LRB103 38732 CES 68869 b
facilities based on the best information available to the
underground utility facility owner or operator within the
scope of the proposed project;
(2) respond to a planning design request in one of the
following methods:
(A) if available, provide digital, KMZ file or
shapefile, or paper drawings or prints, that are drawn
to scale. Include visible utility structures, which
shall include, measurements from back of curb,
sidewalk, edge of pavement, centerline of ditch,
property lines, and other similar items;
(B) request the proposed plans or drawings from
the designer or planner and illustrate the location of
the underground utility facility owner's or operator's
facilities, drawn to scale. If available, providing
the type and size, as described in paragraph (1), of
the facilities, including visible structures on such
plans;
(C) locate and mark the underground utility
facility owner's or operator's facilities within the
scope of the proposed project, as agreed to with the
planner or designer;
(D) if the responding underground utility facility
owner or operator is unable to comply with paragraph
(A) or (B), then the underground utility facility
owner or operator shall mark the facilities within the

HB5546 - 24 - LRB103 38732 CES 68869 b
scope of the proposed project, as agreed to with the
planner or designer; or
(E) if marking of infrastructure is the preferred
or required response of the underground utility
facility owner or operator, the underground utility
facility owner or operator need only mark main line
facilities or any service lines that would otherwise
be considered main line due to size or type, as
described in paragraph (1); and
(3) may charge a nominal fee to locate and mark the
proposed project, as described in subparagraph (C) or (D)
of paragraph (2);
(b) The planner or designer shall have the following
responsibilities:
(1) follow the guidelines set forth in CI/ASCE 38-02
Standard Guidelines for the Collection and Depiction of
Existing Subsurface Utility Data, as amended, when
preparing plans or drawings;
(2) illustrate on all appropriate documents the
position, size, and type, as defined in paragraph (1) of
subsection (a), of all known facilities obtained in the
planning design request process and include the valid
planning design request number provided by JULIE on any
plans or drawings; and
(3) make all reasonable efforts to prepare the plans
or drawings to minimize interference with known existing

HB5546 - 25 - LRB103 38732 CES 68869 b
and proposed facilities in the proposed project area.
(c) A planning design request shall include the following
information:
(1) name, address, telephone number, office and cell
phone, and, if available, email address of the designated
contact requesting the information;
(2) name, address, telephone number, office and cell
phone, and, if available, email address of the project
owner;
(3) the approximate date when the facility information
is required; and
(4) the specific area requiring facility information
by one or more of the following means:
(A) the county and place or places involved in the
proposed project;
(B) street names involved in the proposed project
or the north, south, east, and west boundaries of the
proposed project or the section number or numbers
involved in the proposed project;
(C) latitude and longitude coordinates of the
outside edges of the proposed project;
(D) digital data such as, but not limited to,
shapefiles when technology and software allow; and
(E) the type of work projected to take place
within the proposed project.
Known site-specific facility information shall be made

HB5546 - 26 - LRB103 38732 CES 68869 b
available to the project owner to be delivered to qualified
bidders of the proposed project.
(220 ILCS 50/5.3 new)
Sec. 5.3. Joint meet notification.
(a) A joint meet notification shall include the following
information:
(1) the excavator's name, address, phone number at
which the excavator can be reached, and, if available, a
fax number and email address;
(2) the county and place or places where the work will
be performed;
(3) street names involved in the project or the north,
south, east, and west boundaries of the project or the
section number or numbers involved in the project;
(4) the date, time, and location where the joint meet
will take place. The location of the joint meet shall be
near the project site; and
(5) a minimum advance notice of the joint meet of 2
days, but no more than 90 days prior to the planned start
of excavation or demolition.
(b) Upon the receipt of a joint meet notification, an
underground utility facility owner or operator shall attend
the joint meet at the specified time and location; electronic
meetings are also acceptable. In the event there is a conflict
between joint meet notifications, an excavator that provided a

HB5546 - 27 - LRB103 38732 CES 68869 b
joint meet notification may receive a communication from an
underground utility facility owner or operator requesting an
alternate meeting time or date.
(c) If a joint meet notification is provided as part of a
large project, the excavator shall notify the project owner
and the designer or planner when and where the joint meet is to
occur.
(d) Multiple joint meets shall be required in the case of a
large project that extends into multiple places. The excavator
shall schedule, at a minimum, one joint meet per place to
accommodate travel restrictions of responding underground
utility facility owners or operators. A single electronic
meeting covering multiple places is also acceptable.
(e) Prior to the meeting, the excavator shall physically
or electronically pre-mark the extent of the initial request
for the proposed excavation area or route if normal notice
requests are planned to be submitted with excavation beginning
after the minimum advance notice of 2 days after the joint
meet. The minimum advance notice for a large project is 5 days.
(f) Those participating at the joint meet shall agree to
their individual obligations consistent with the project.
Parties are expected to negotiate in good faith. Underground
utility facility owner or operator, along with the excavator
involved, shall work in a cooperative manner to negotiate in
good faith. These obligations may vary from project to
project. It is not the intent of this process to provide a

HB5546 - 28 - LRB103 38732 CES 68869 b
specific set of standards for all projects. It is intended
that those participating at the joint meet shall have the
flexibility to make decisions consistent with the project's
parameters.
(g) The scope of the project shall be defined at the joint
meet and specific project details, including, but not limited
to, the number of phases, and the number of excavation crews
working for the contractor or subcontractors, to the extent
possible, shall be provided.
(h) The size and number of normal notice requests agreed
to be submitted at one time at the joint meet shall be
documented in the meeting notes and made available to those
participating in the joint meet. However, any such agreement
reached shall not exceed the normal notice request extension
limits or exceed the reasonable control of the underground
utility facility owners or operators as described in
subsection (g) of Section 11.
(i) If an underground utility facility owner or operator
fails to attend the joint meet and does not request an
alternate time or date to meet prior to commencement of
excavation, the excavator may proceed according to the
agreement reached with those attending the meeting.
(j) Within 90 days after the joint meet, the excavator
shall submit the normal notice requests consistent with the
agreements reached at the joint meet.
(k) The initial normal notice requests submitted after the

HB5546 - 29 - LRB103 38732 CES 68869 b
joint meet shall require a minimum of 2 days advance notice and
5 days advance notice for large projects. All remaining normal
notice requests shall be submitted in agreement with the joint
meet schedule and provide a minimum advance notice of 2 days.
The excavator shall not submit normal notice requests until
after the joint meet.
(l) If the project start is delayed more than 90 days, or
the scope of the project changes after the joint meet has been
held and the locate schedule agreed to, a new joint meet
notification shall be required.
(m) In a situation where an excavator creates multiple
normal notice requests for a single project without a joint
meet being held, an affected underground utility facility
owner or operator may contact the excavator and recommend the
excavator follow the joint meet process to assist in working
out a locate schedule. A notified excavator that fails to
follow the joint meet process may realize delays in marking of
facilities on their project. In accordance with subsection (e)
of Section 10, a delay in marking is not necessarily deemed a
violation of this Act.
(220 ILCS 50/5.4 new)
Sec. 5.4. Geographic information system data. Geographic
information system data shall be provided to JULIE by any
county or State agency that has provided substantially similar
data to any other not-for-profit or State agency utilizing

HB5546 - 30 - LRB103 38732 CES 68869 b
such data for public display of information or to be utilized
by a not-for-profit or agency in the interest of public
safety. This data shall be provided to JULIE at a cost not to
exceed the actual cost of transmission of the data.
(220 ILCS 50/6) (from Ch. 111 2/3, par. 1606)
Sec. 6. Emergency excavation or demolition.
(a) Every excavator person who engages in emergency
excavation or demolition outside of the boundaries of a
municipality of at least one million persons which operates
its own one-call notice system shall take all reasonable
precautions to avoid or minimize interference between the
emergency work and existing underground utility facilities in
and near the excavation or demolition area, through the
State-Wide One-Call Notice System, and shall notify, as far in
advance as possible, the underground utility facility owners
or operators of such underground utility facilities in and
near the emergency excavation or demolition area, through
JULIE the State-Wide One-Call Notice System. At a minimum, the
notice required under this subsection (a) shall provide:
(1) the excavator's person's name, address, and (i)
phone number at which the excavator with knowledge of the
emergency excavation or demolition a person can be reached
and (ii) fax number, if available, a fax number and email
address;
(2) the start date and time of the planned emergency

HB5546 - 31 - LRB103 38732 CES 68869 b
excavation or demolition;
(3) the address or location at which the emergency
excavation or demolition will take place; and
(4) the type of work, extent, and description of the
area where the emergency excavation or demolition is to
occur; and
(5) the county and place or places where the emergency
excavation or demolition will take place and extent of the
work involved.
(b) There is a minimum wait time of 2 hours or the date and
time requested on the notice, whichever is longer, after an
emergency locate notification request is made through JULIE
the State-Wide One-Call Notice System. If the conditions at
the site dictate an earlier start than the date and time on the
notice required wait time, it is the responsibility of the
excavator to demonstrate that site conditions warranted this
earlier start time.
(c) Upon notice by the excavator person engaged in
emergency excavation or demolition, the underground utility
facility owner or operator owner or operator of an underground
utility facility in or near the excavation or demolition area
shall communicate with the excavator person engaged in
emergency excavation or demolition within 2 hours or by the
date and time requested on the notice, whichever is longer by:
(1) marking the approximate location of underground
facilities;

HB5546 - 32 - LRB103 38732 CES 68869 b
(2) advising the excavator person excavating that
their underground facilities are not in conflict with the
emergency excavation or demolition; or
(3) notifying the excavator person excavating that the
underground utility facility owner or operator shall be
delayed in marking because of conditions as referenced in
subsection (g) of Section 11 of this Act.
(d) The notice by the underground utility facility owner
or operator to the excavator shall be provided utilizing the
positive response system, in accordance with Section 5.1, and
prior to January 1, 2026 may also person engaged in emergency
excavation or demolition may be provided by phone or phone
message or by marking the excavation or demolition area. The
underground utility facility owner or operator has discharged
the underground utility facility owner's or operator's
obligation to provide notice under this Section if the
underground utility facility owner or operator attempts to
provide notice by positive response or by telephone but is
unable to do so because the excavator person engaged in the
emergency excavation or demolition does not answer the his or
her telephone or does not have an answering machine, or
answering service, or voicemail to receive the telephone call
or positive response, in accordance with Section 5.1. If the
underground utility facility owner or operator attempts to
provide additional notice by telephone or by facsimile but
receives a busy signal, that attempt shall not discharge the

HB5546 - 33 - LRB103 38732 CES 68869 b
underground utility facility owner or operator from the
obligation to provide notice under this Section.
(b) Every person who engages in emergency excavation or
demolition within the boundaries of a municipality of at least
one million persons which operates its own one-call notice
system shall take all reasonable precautions to avoid or
minimize interference between the emergency work and existing
underground utility facilities in and near the excavation or
demolition area, through the municipality's one-call notice
system, and shall notify, as far in advance as possible, the
owners and operators of underground utility facilities in and
near the emergency excavation or demolition area, through the
municipality's one-call notice system.
(e) (c) The reinstallation of traffic control devices
shall be deemed an emergency for purposes of this Section.
(f) (d) An open cut utility locate shall be deemed an
emergency for purposes of this Section.
(g) During emergency situations, where the underground
utility facility owner or operator has a widespread emergency
situation beyond the equipment or personnel capabilities to
facilitate a timely repair or correction of the emergency, the
underground utility facility owner or operator may utilize
subcontractors to facilitate the work without a separate
emergency notice by the subcontractor. However, for the
purposes of this Act, in such a situation, the underground
utility facility owner or operator shall be responsible for

HB5546 - 34 - LRB103 38732 CES 68869 b
the actions of the subcontractor, unless the subcontractor has
obtained the subcontractor's own emergency notice.
(h) Emergency notices provided through JULIE shall expire
10 days after the date of the notice.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/7) (from Ch. 111 2/3, par. 1607)
Sec. 7. Damage or dislocation.
(a) In the event of any damage to or dislocation of any
underground utility facilities in connection with any
excavation or demolition, emergency or nonemergency, the
excavator person responsible for the excavation or demolition
operations shall immediately notify the affected underground
utility facility owner or operator and JULIE utility and the
State-Wide One-Call Notice System and cease excavation in the
area of the damage when the damaged facility is a threat to
life or property or if otherwise required by law or, in the
case of damage or dislocation in connection with any
excavation or demolition within the boundaries of a
municipality having a population of at least 1,000,000
inhabitants that operates its own one-call notice system,
notify the affected utility and the one-call notice system
that operates in that municipality.
(b) The excavator person responsible for the excavation or
demolition shall not attempt to repair, clamp, or constrict
the damaged utility facility unless under the direct

HB5546 - 35 - LRB103 38732 CES 68869 b
supervision or advisement of the underground utility facility
owner or operator. At no time shall an excavator a person under
this Act be required by an underground a utility facility
owner or operator to attempt to repair, clamp, or constrict a
damaged utility facility. In the event of any damage to any
underground utility facility that results in the escape of any
flammable, toxic, or corrosive gas or liquid, the excavator
person responsible for the excavation or demolition shall call
9-1-1 and notify authorities of the damage.
(c) Owners and operators of underground utility facilities
that are damaged, and the excavator involved, shall work in a
cooperative and expeditious manner to repair the affected
utility.
(d) The underground utility facility owner or operator
shall provide to JULIE a phone number with a dedicated
extension, if applicable, that can be provided to the
excavator allowing immediate notification by the excavator to
the underground utility facility owner or operator of the
potential damage.
(e) At a minimum, the notice required under this Section
shall provide:
(1) a reference to the original excavation or
demolition notice, if one exists;
(2) the type of facility damaged, if known;
(3) the name of the affected underground utility
facility owner or operator, if known; and

HB5546 - 36 - LRB103 38732 CES 68869 b
(4) the location of the damaged facility at the
excavation or demolition site.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/7.5 new)
Sec. 7.5. Exposed facility.
(a) If any previously unmarked facility is exposed during
excavation or demolition, emergency or nonemergency, the
excavator responsible for the excavation or demolition
operations shall immediately notify JULIE.
(b) At a minimum, the notice required under this Section
shall provide:
(1) a reference to the original excavation or
demolition notice, if one exists;
(2) the type of exposed facility, if known;
(3) the name of the affected underground utility
facility owner or operator, if known; and
(4) the location of the exposed facility at the
excavation or demolition site.
(220 ILCS 50/8) (from Ch. 111 2/3, par. 1608)
Sec. 8. Liability or financial responsibility.
(a) Nothing in this Act shall be deemed to affect or
determine the financial responsibility for any operation under
this Act or liability of any entity or individual person for
any damages that occur unless specifically stated otherwise.

HB5546 - 37 - LRB103 38732 CES 68869 b
(b) Nothing in this Act shall be deemed to provide for
liability or financial responsibility of the Department of
Transportation, its officers and employees concerning any
underground utility facility or CATS facility located on
highway right-of-way by permit issued under the provisions of
Section 9-113 of the Illinois Highway Code. It is not the
intent of this Act to change any remedies in law regarding the
duty of providing lateral support.
(c) Neither JULIE the State-Wide One-Call Notice System
nor any of its officers, agents, or employees shall be liable
for damages for injuries or death to persons or damage to
property caused by acts or omissions in the receipt,
recording, or transmission of notices locate requests or other
information in the performance of its duties as JULIE the
State-Wide One-Call Notice System, unless the act or omission
was the result of willful and wanton misconduct.
(d) Any residential property owner who fails to comply
with any provision of this Act and damages underground utility
facilities or CATS facilities while engaging in excavation or
demolition on such residential property shall not be subject
to a penalty under this Act, but shall be liable for the damage
caused to the underground utility facility owners or operators
owner or operator of the damaged underground utility
facilities or CATS facilities.
(Source: P.A. 92-179, eff. 7-1-02.)

HB5546 - 38 - LRB103 38732 CES 68869 b
(220 ILCS 50/9) (from Ch. 111 2/3, par. 1609)
Sec. 9. Negligence.
(a) When it is shown by competent evidence in any action
for damages to underground utility facilities or CATS
facilities that such damages resulted from excavation or
demolition and that the excavator person engaged in such
excavation or demolition failed to comply with the provisions
of this Act, that excavator person shall be deemed prima facie
guilty of negligence.
(b) When it is shown by competent evidence in any action
for damages to excavators persons, material, or equipment
brought by excavators persons undertaking excavation or
demolition acting in compliance with the provisions of this
Act that such damages resulted from the failure of underground
utility facility owners or and operators of underground
facilities or CATS facilities to comply with the provisions of
this Act, those underground utility facility owners or and
operators shall be deemed prima facie guilty of negligence.
(Source: P.A. 86-674.)
(220 ILCS 50/10) (from Ch. 111 2/3, par. 1610)
Sec. 10. Record of notice; marking of facilities.
(a) Upon notice by the excavator person engaged in
excavation or demolition, the underground utility facility
owners or operators person owning or operating underground
utility facilities in or near the excavation or demolition

HB5546 - 39 - LRB103 38732 CES 68869 b
area shall cause a written record to be made of the notice and
shall mark, within 48 hours of receipt of notice or by the dig
start requested date and time indicated on the notice,
whichever is later, the approximate locations of such
facilities so as to enable the excavator person excavating or
demolishing to establish the location of the underground
utility facilities.
For submerged facilities, when the owner or operator of
the submerged facilities determines that a proposed excavation
or demolition which could include anchoring, pile driving,
dredging, or any other water bottom contact for any means
performed is in proximity to or in conflict with, submerged
facilities located under a lake, river, or navigable waterway,
the owner or operator of the submerged facilities shall
identify the estimated horizontal route of the submerged
facilities, within 15 days or by a date and time mutually
agreed to, using marking buoys, other suitable devices, or GPS
location data unless directed otherwise by an agency having
jurisdiction over the waters under which the submerged
facilities are located.
(b) Underground utility facility owners or Owners and
operators of underground sewer facilities that are located
outside the boundaries of a municipality having a population
of at least 1,000,000 inhabitants shall be required to respond
and mark the approximate location of those sewer facilities
when the excavator indicates, in the notice required in

HB5546 - 40 - LRB103 38732 CES 68869 b
Section 4, that the excavation or demolition project will
exceed a depth of 7 feet. "Depth", in this case, is defined as
the distance measured vertically from the surface of the
ground to the top of the sewer facility.
(c) Underground utility facility owners or operators of
Owners and operators of underground sewer facilities that are
located outside the boundaries of a municipality having a
population of at least 1,000,000 inhabitants shall be required
at all times to mark locate the approximate location of those
sewer facilities when:
(1) directional boring is the indicated type of
excavation work being performed within the notice;
(2) the underground sewer facilities owned are
non-gravity, pressurized force mains; or
(3) the excavation indicated will occur in the
immediate proximity of known underground sewer facilities
that are less than 7 feet deep.
(d) Underground utility facility owners Owners or
operators of underground sewer facilities that are located
outside the boundaries of a municipality having a population
of at least 1,000,000 inhabitants shall not hold an excavator
liable for damages that occur to sewer facilities that were
not required to be marked under this Section, provided that
prompt notice of known the damage is made to JULIE the
State-Wide One-Call Notice System and the underground utility
facility owners or operators utility owner as required in

HB5546 - 41 - LRB103 38732 CES 68869 b
Section 7.
(e) All entities persons subject to the requirements of
this Act shall plan and conduct their work consistent with
reasonable business practices.
(1) Conditions may exist making it unreasonable to
request that locations be marked by the dig start within
48 hours or by the requested date and time indicated on the
notice, whichever is later. In such situations, the
excavator and the underground utility facility owner or
operator shall interact in good faith to establish a
mutually agreeable date and time for the completion of the
request.
(2) It is unreasonable to request underground utility
facility owners or and operators of underground utility
facilities to mark locate all of their facilities in an
affected area upon short notice in advance of a large or
extensive nonemergency project. , or
(3) It is unreasonable to request extensive notices
locates in excess of a reasonable excavation or demolition
work schedule. , or
(4) It is unreasonable to request notices locates
under conditions where a repeat request is likely to be
made because of the passage of time or adverse job
conditions.
(5) During periods where the notice volumes or dig
site notification areas exceed the historical averages as

HB5546 - 42 - LRB103 38732 CES 68869 b
determined by the reasonable control measurements for the
place or places with less than a 90-day advance notice, an
additional advance notice period, up to 2 days, may be
applied to only those additional notices submitted by
underground utility facility owners or operators or their
contractors or subcontractors for work for the underground
utility facility owners or operators within the place or
places until notice volumes or dig site notification areas
fall below the reasonable control measurement for the
place or places.
(f) Underground utility facility owners or Owners and
operators of underground utility facilities must reasonably
anticipate seasonal fluctuations in the number of notices
locate requests and staff accordingly.
Seasonal fluctuations that result in the notice volumes or
dig site notification areas that exceed the historical
averages by greater than 15% as calculated by the reasonable
control measurements within a place or places shall not be
considered within the reasonable control of underground
utility facility owners or operators and their locate
contractors or subcontractors.
(g) If an underground utility facility owner or operator a
person owning or operating underground utility facilities
receives a notice under this Section but does not own or
operate any underground utility facilities within the proposed
excavation or demolition area described in the notice, that

HB5546 - 43 - LRB103 38732 CES 68869 b
underground utility facility owner or operator, by the dig
start date and time on the notice person, within 48 hours or by
the requested date and time indicated on the notice, whichever
is later, after receipt of the notice, shall so notify the
excavator who initiated the notice in accordance with Section
5.1, and prior to January 1, 2026, may person engaged in
excavation or demolition who initiated the notice, unless the
person who initiated the notice expressly waives the right to
be notified that no facilities are located within the
excavation or demolition area. The notification by the owner
or operator of underground utility facilities to the person
engaged in excavation or demolition may be provided in any
reasonable manner including, but not limited to, notification
in any one of the following ways:
(1) by face-to-face communication;
(2) by phone or phone message;
(3) by facsimile or email;
(4) by posting in the excavation or demolition area;
or
(5) by marking the excavation or demolition area.
(h) The underground utility facility owner or operator of
those facilities has discharged the underground utility
facility owner's or operator's obligation to provide notice
under this Section if the underground utility facility owner
or operator attempts to provide notice utilizing the positive
response system, in accordance with Section 5.1, and prior to

HB5546 - 44 - LRB103 38732 CES 68869 b
January 1, 2026, by:
(1) telephone or by facsimile, if the person has
supplied a facsimile number, but is unable to do so
because the excavator person engaged in the excavation or
demolition does not answer the his or her telephone and or
does not have the ability to receive telephone messages;
(2) facsimile, if the excavator has supplied a
facsimile number and does not have a facsimile machine in
operation to receive the facsimile transmission; or
(3) email, if the excavator has supplied an email
address and the message is electronically undeliverable an
answering machine or answering service to receive the
telephone call or does not have a facsimile machine in
operation to receive the facsimile transmission.
If the underground utility facility owner or operator
attempts to provide additional notice by telephone or by
facsimile but receives a busy signal, that attempt shall not
serve to discharge the underground utility facility owner or
operator of the obligation to provide notice under this
Section.
A person engaged in excavation or demolition may expressly
waive the right to notification from the owner or operator of
underground utility facilities that the owner or operator has
no facilities located in the proposed excavation or demolition
area. Waiver of notice is only permissible in the case of
regular or nonemergency locate requests. The waiver must be

HB5546 - 45 - LRB103 38732 CES 68869 b
made at the time of the notice to the State-Wide One-Call
Notice System. A waiver made under this Section is not
admissible as evidence in any criminal or civil action that
may arise out of, or is in any way related to, the excavation
or demolition that is the subject of the waiver.
For the purposes of this Act, the following color coding
shall be used to mark the approximate location of facilities
by the underground utility facility owners or operators who
underground facility operators may utilize a combination of
flags, lathe with colored ribbon, chalk, whiskers, or stakes,
and paint as when possible on non-paved surfaces and when dig
site and seasonal conditions warrant. If the approximate
location of an underground utility facility is marked with
stakes or other physical means, the following color coding
shall be employed:
Underground Facility type Identification Color
Underground utility facility owner or
operator or contract locator use only
Facility Owner or Agent Use Only
Electric Power, Distribution and
Transmission........................ Safety Red
Municipal Electric Systems.............. Safety Red

HB5546 - 46 - LRB103 38732 CES 68869 b
Gas Distribution and Transmission....... High Visibility Safety Yellow
Oil Distribution and Transmission....... High Visibility Safety Yellow
Communication Systems. Safety Alert Orange
Telephone and Telegraph Systems......... Safety Alert Orange
Community Antenna Television Systems.... Safety Alert Orange
Water Systems........................... Safety Precaution Blue
Sewer Systems........................... Safety Green
Non-potable Water and Slurry Lines...... Safety Purple
Excavator Use Only
Temporary Survey........................ Safety Pink
Proposed Excavation.....................
Safety White (Black when snow is on the ground)
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/11) (from Ch. 111 2/3, par. 1611)
Sec. 11. Penalties; liability; fund.
(a) Every excavator person who, while engaging in
excavation or demolition, willfully wilfully fails to comply
with the Act by failing to provide the notice to the
underground utility facility owners or operators of the

HB5546 - 47 - LRB103 38732 CES 68869 b
underground facilities in and near the excavation or
demolition area through JULIE the State-Wide One-Call Notice
System as required by Section 4, 5, or 6 of this Act shall be
subject to a penalty of not more than $2,500 up to $5,000 for
each separate offense and shall be liable for the damage
caused to the underground utility facility owners or operators
of the facility. Every excavator person who fails to provide
notice and willfully fails to comply with other provisions of
this Act shall be subject to additional penalties of up to
$2,500 for each separate offense and shall be liable for the
damage caused to the underground utility facility owners or
operators of the facility.
(b) Every excavator person who has provided the notice to
the underground utility facility owners or operators of the
underground utility facilities in and near the excavation or
demolition area through JULIE the State-Wide One-Call Notice
System as required by Section 4 or 6 of this Act, but otherwise
willfully wilfully fails to comply with this Act, shall be
subject to a penalty of not more than up to $2,500 for each
separate offense and shall be liable for the damage caused to
the underground utility facility owners or operators of the
facility.
(c) Every excavator person who, while engaging in
excavation or demolition, has provided the notice to the
underground utility facility owners or operators of the
underground utility facilities in and near the excavation or

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demolition area through JULIE the State-Wide One-Call Notice
System as required by Section 4 or 6 of this Act, but
otherwise, while acting reasonably, damages any underground
utility facilities, shall not be subject to a penalty, but
shall be liable for the damage caused to the underground
utility facility owners or operators of the facility provided
the underground utility facility is properly marked as
provided in Section 10 of this Act.
(d) Every excavator person who provides notice to the
underground utility facility owners or operators of the
underground utility facilities through JULIE the State-Wide
One-Call Notice System as a no show, incomplete, or an
emergency locate request and the locate request is not a no
show, incomplete, or an emergency locate request as defined in
Section 2.6 of this Act shall be subject to a penalty of not
more than up to $2,500 for each separate offense.
(e) Underground utility facility owners or operators
Owners and operators of underground utility facilities who
willfully fail to comply with this Act, unless otherwise
stated in this Section, shall be subject to a penalty of not
more than $2,500 for each separate offense. A by a failure to
respond or mark the approximate location of facilities by the
dig start date and time on the notice an underground utility as
required by subsection (h) of Section 4, subsection (c) (a) of
Section 6, or subsection (a) of Section 10 of this Act after
being notified of planned or emergency excavation or

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demolition through JULIE the State-Wide One-Call Notice
System, shall be subject to a penalty of not more than $2,500
up to $5,000 for each separate offense.
Underground utility facility owners or operators who fail
to respond through the positive response system to a notice as
required in subsection (b) of Section 5.1 shall be subject to a
penalty of up to $100 for each separate reported offense.
Underground utility facility owners or operators shall not
be subject to a penalty where a delay in responding through the
positive response system is caused by conditions beyond the
reasonable control of such underground utility facility owners
or operators.
JULIE shall provide to the Illinois Commerce Commission on
a quarterly basis a tabulation of underground utility facility
owners or operators that failed to provide a response to the
positive response system by the dig start date and time on the
notice.
(f) As provided in Section 3 of this Act, all underground
utility facility owners or operators of underground utility
facilities who fail to join JULIE the State-Wide One-Call
Notice System by January 1, 2003 shall be subject to a penalty
of $100 per day for each separate offense. Every day an
underground utility facility owner or operator fails to join
JULIE the State-Wide One-Call Notice System is a separate
offense. This subsection (f) does not apply to utilities
operating facilities exclusively within the boundaries of a

HB5546 - 50 - LRB103 38732 CES 68869 b
municipality with a population of at least 1,000,000 persons.
(g) No underground utility facility owner or operator of
underground utility facilities shall be subject to a penalty
where a delay in marking or a failure to mark or properly mark
the location of a facility an underground utility is caused by
conditions beyond the reasonable control of such underground
utility facility owner or operator.
For the purposes of this Section, beyond the reasonable
control includes, but is not limited to, notice volumes or dig
site notification areas that exceed historic averages, by more
than 15% as calculated using the reasonable control
measurement, for a particular place or places, severe weather,
unforeseen mechanical issues, or site conditions. It is the
responsibility of the underground utility facility owners or
operators to demonstrate the condition is beyond their
reasonable control.
Each underground utility facility owner or operator shall
staff in a manner that such underground utility facility owner
or operator can respond by the dig start date and time on the
notices within the underground utility facility owner's or
operator's reasonable control.
(h) Any entity that person who is neither an agent,
employee, or authorized locating contractor of the underground
utility facility owner or operator of the underground utility
facility nor an excavator involved in the excavation or
demolition activity that who removes, alters, or otherwise

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damages markings, flags, lathe with color ribbon, chalk,
whiskers, or paint or stakes used to mark the location of
facilities an underground utility other than during the course
of the excavation or demolition for which the markings were
made or before completion of the project shall be subject to a
penalty up to $1,000 for each separate offense.
(i) (Blank).
(j) The Illinois Commerce Commission shall have the power
and jurisdiction to, and shall, enforce the provisions of this
Act. The Illinois Commerce Commission may impose
administrative penalties as provided in this Section. The
Illinois Commerce Commission may promulgate rules and develop
enforcement policies in the manner provided by the Public
Utilities Act 83 Ill. Adm. Code 265, in order to implement
compliance with this Act. When a penalty is warranted, the
following criteria shall be used in determining the magnitude
of the penalty:
(1) gravity of noncompliance;
(2) culpability of offender;
(3) history of noncompliance for the 18 months prior
to the date of the incident; however, when determining
noncompliance non-compliance the alleged violator's roles
as underground utility facility operator or owner and the
excavator person engaged in excavating shall be treated
separately;
(4) (blank); ability to pay penalty;

HB5546 - 52 - LRB103 38732 CES 68869 b
(5) show of good faith of offender;
(6) (blank); and ability to continue business; and
(7) other special circumstances.
(k) There is hereby created in the State treasury a
special fund to be known as the Illinois Underground Utility
Facilities Damage Prevention Fund. All penalties recovered by
the Illinois Commerce Commission in any action under this
Section shall be paid into the Fund and shall be distributed
annually as a grant to JULIE the State-Wide One-Call Notice
System to be used in safety and informational programs to
reduce the number of incidents of damage to underground
utility facilities in Illinois. The distribution shall be made
during January of each calendar year based on the balance in
the Illinois Underground Utility Facilities Damage Prevention
Fund as of December 31 of the previous calendar year. In all
such actions under this Section, the procedure and rules of
evidence shall conform with the Code of Civil Procedure, and
with rules of courts governing civil trials.
(l) The Illinois Commerce Commission shall establish an
Advisory Committee consisting of a representative from each of
the following: utility operator, JULIE, excavator,
municipality, and the general public, and a nonmunicipal
public body. The Advisory Committee shall serve as a peer
review panel for any contested penalties resulting from the
enforcement of this Act.
The members of the Advisory Committee shall be immune,

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individually and jointly, from civil liability for any act or
omission done or made in performance of their duties while
serving as members of such Advisory Committee, unless the act
or omission was the result of willful and wanton misconduct.
(m) If, after the Advisory Committee has considered a
particular contested penalty and performed its review
functions under this Act and the Commission's rules, there
remains a dispute as to whether the Commission should impose a
penalty under this Act, the matter shall proceed in the manner
set forth in Article X of the Public Utilities Act, including
the provisions governing judicial review.
(Source: P.A. 96-714, eff. 1-1-10.)
(220 ILCS 50/11.3)
Sec. 11.3. Emergency telephone system outages;
reimbursement. Any excavator person who negligently damages a
an underground facility or CATS facility causing an emergency
telephone system outage must reimburse the public safety
agency that provides personnel to answer calls or to maintain
or operate an emergency telephone system during the outage for
the agency's costs associated with answering calls or
maintaining or operating the system during the outage. For the
purposes of this Section, "public safety agency" means the
same as in Section 2.02 of the Emergency Telephone System Act.
(Source: P.A. 92-149, eff. 1-1-02.)

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(220 ILCS 50/11.5)
Sec. 11.5. Limitation on liability.
(a) In joining JULIE the State-Wide One-Call Notice
System, a municipality's liability, under any membership
agreement rules and regulations, for the indemnification of
(i) the entity that is in charge of or managing JULIE the
System or any officer, agent, or employee of JULIE that entity
or (ii) an underground utility facility owner or operator of
JULIE a member of the System or any officer, agent, or employee
of an underground utility facility owner or operator of JULIE
a member of the System shall be limited to claims arising as a
result of the acts or omissions of the municipality or its
officers, agents, or employees or arising out of the
operations of the municipality's underground utility
facilities.
(b) Subsection (a) shall not be construed to create any
additional liability for a municipality in relation to any
underground utility facility owner or operator of JULIE member
of the System with which the municipality may have entered
into a franchise agreement. If a municipality's liability for
indemnification under a franchise agreement is narrower than
under this Section, the franchise agreement controls.
(Source: P.A. 90-481, eff. 8-17-97.)
(220 ILCS 50/12) (from Ch. 111 2/3, par. 1612)
Sec. 12. Noncompliance and enforcement action time frames.

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No action may be brought by the Illinois Commerce Commission
under Section 11 of this Act unless commenced within 2 years
after the date of the alleged violation of this Act. The
Illinois Commerce Commission shall take no action on an
alleged violation unless reported by the excavator or the
underground utility facility owner or operator that is a party
to the alleged violation. The Illinois Commerce Commission
shall provide notice of investigation to the parties involved
in the alleged violation report within 10 days of the receipt
of the alleged violation report. In accordance with subsection
(d) of 83 Ill. Adm. Code 265.100, reports shall be submitted no
later than
45 days after the discovery of the alleged
violation. In any case, the report shall not be accepted more
than 2 years from the suspected date of the alleged violation.
Reports filed after the 45-day requirement shall be considered
invalid and no action will be taken by the Illinois Commerce
Commission.
(Source: P.A. 86-674.)
(220 ILCS 50/13) (from Ch. 111 2/3, par. 1613)
Sec. 13. Mandamus or injunction. Where public safety or
the preservation of uninterrupted, necessary facilities
utility service or community antenna television system service
is endangered by any excavator person engaging in excavation
or demolition in a negligent or unsafe manner which has
resulted in or is likely to result in damage to underground

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utility facilities or CATS facilities or proposing to use
procedures for excavation or demolition which are likely to
result in damage to underground utility facilities or CATS
facilities, or where the underground utility facility owner or
operator of underground utility facilities or CATS facilities
endangers an excavator by willfully failing to respond to a
notice locate request, the underground utility facility owner
or operator of such facilities or the excavator or the State's
Attorney or the Illinois Commerce Commission at the request of
the underground utility facility owner or operator of such
facilities or the excavator may commence an action in the
circuit court for the county in which the excavation or
demolition is occurring or is to occur, or in which the person
or entity complained of has its his principal place of
business or resides, for the purpose of having such negligent
or unsafe excavation or demolition stopped and prevented or to
compel the marking of underground utilities facilities or CATS
facilities, either by mandamus or injunction.
(Source: P.A. 92-179, eff. 7-1-02.)
(220 ILCS 50/14) (from Ch. 111 2/3, par. 1614)
Sec. 14. Home rule. The regulation of underground utility
facilities and CATS facilities damage prevention, as provided
for in this Act, is an exclusive power and function of the
State. A home rule unit may not regulate underground utility
facilities and CATS facilities damage prevention, as provided

HB5546 - 57 - LRB103 38732 CES 68869 b
for in this Act. All units of local government, including home
rule units that are not municipalities of more than 1,000,000
persons, must comply with the provisions of this Act. To this
extent, this Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution. A home rule
municipality of more than 1,000,000 persons that operates its
own One-Call Notice System may regulate underground utility
facilities and CATS facilities damage prevention.
(Source: P.A. 99-121, eff. 7-23-15.)
(220 ILCS 50/2.1 rep.)
(220 ILCS 50/2.1.3 rep.)
(220 ILCS 50/2.1.4 rep.)
(220 ILCS 50/2.1.5 rep.)
(220 ILCS 50/2.1.6 rep.)
(220 ILCS 50/2.1.9 rep.)
(220 ILCS 50/2.1.10 rep.)
(220 ILCS 50/2.2 rep.)
(220 ILCS 50/2.3 rep.)
(220 ILCS 50/2.4 rep.)
(220 ILCS 50/2.5 rep.)
(220 ILCS 50/2.6 rep.)
(220 ILCS 50/2.7 rep.)
(220 ILCS 50/2.8 rep.)
(220 ILCS 50/2.9 rep.)

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(220 ILCS 50/2.10 rep.)
(220 ILCS 50/2.11 rep.)
(220 ILCS 50/5 rep.)
Section 10. The Illinois Underground Utility Facilities
Damage Prevention Act is amended by repealing Sections 2.1,
2.1.3, 2.1.4, 2.1.5, 2.1.6, 2.1.9, 2.1.10, 2.2, 2.3, 2.4, 2.5,
2.6, 2.7, 2.8, 2.9, 2.10, 2.11, and 5.
Section 99. Effective date. This Act takes effect upon
becoming law.
HB5546 - 59 - LRB103 38732 CES 68869 b
INDEX
Statutes amended in order of appearance
220 ILCS 50/1 from Ch. 111 2/3, par. 1601
220 ILCS 50/2 from Ch. 111 2/3, par. 1602
220 ILCS 50/3 from Ch. 111 2/3, par. 1603
220 ILCS 50/4 from Ch. 111 2/3, par. 1604
220 ILCS 50/4.1 new
220 ILCS 50/5.1 new
220 ILCS 50/5.2 new
220 ILCS 50/5.3 new
220 ILCS 50/5.4 new
220 ILCS 50/6 from Ch. 111 2/3, par. 1606
220 ILCS 50/7 from Ch. 111 2/3, par. 1607
220 ILCS 50/7.5 new
220 ILCS 50/8 from Ch. 111 2/3, par. 1608
220 ILCS 50/9 from Ch. 111 2/3, par. 1609
220 ILCS 50/10 from Ch. 111 2/3, par. 1610
220 ILCS 50/11 from Ch. 111 2/3, par. 1611
220 ILCS 50/11.3
220 ILCS 50/11.5
220 ILCS 50/12 from Ch. 111 2/3, par. 1612
220 ILCS 50/13 from Ch. 111 2/3, par. 1613
220 ILCS 50/14 from Ch. 111 2/3, par. 1614
220 ILCS 50/2.1 rep.
220 ILCS 50/2.1.3 rep.
HB5546 - 60 - LRB103 38732 CES 68869 b